WVC 22 - 6 - 2
§22-6-2. Secretary -- Powers and duties generally; department
records open to public; inspectors.
(a) The secretary shall have as his or her duty the
supervision of the execution and enforcement of matters related to
oil and gas set out in this article and in articles six-a, eight,
nine, ten and twenty-one of this chapter.

(b) The secretary is authorized to propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code necessary to effectuate
the above stated purposes.

(c) The secretary shall have full charge of the oil and gas
matters set out in this article and in articles six-a, eight, nine,
ten and twenty-one of this chapter. In addition to all other
powers and duties conferred upon him or her, the secretary shall
have the power and duty to:

(1) Supervise and direct the activities of the office of oil
and gas and see that the purposes set forth in subsections (a) and
(b) of this section are carried out;

(2) Determine the number of supervising oil and gas inspectors
and oil and gas inspectors needed to carry out the purposes of this
article and articles six-a, eight, nine, ten, and twenty-one of
this chapter and appoint them as such. All appointees must be
qualified civil service employees, but no person is eligible for
appointment until he or she has served in a probationary status for
a period of six months to the satisfaction of the secretary;

(3) Supervise and direct such oil and gas inspectors and
supervising inspectors in the performance of their duties;

(4) Make investigations or inspections necessary to ensure
compliance with and to enforce the provisions of this article and
articles six-a, eight, nine, ten, and twenty-one of this chapter;

(5) Prepare report forms to be used by oil and gas inspectors
or the supervising inspector in making their findings, orders and
notices, upon inspections made in accordance with this article and
articles six-a, eight, nine, ten and twenty-one of this chapter;

(6) Employ a hearing officer and such clerks, stenographers
and other employees, as may be necessary to carry out his or her
duties and the purposes of the office of oil and gas and fix their
compensation;

(7) Hear and determine applications made by owners, well
operators and coal operators for the annulment or revision of
orders made by oil and gas inspectors or the supervising inspector,
and to make inspections, in accordance with the provisions of this
article and articles eight and nine of this chapter;

(8) Cause a properly indexed permanent and public record to be
kept of all inspections made by the secretary or by oil and gas
inspectors or the supervising inspector;

(9) Conduct research and studies as the secretary shall deem
necessary to aid in protecting the health and safety of persons
employed within or at potential or existing oil or gas production
fields within this state, to improve drilling and production
methods and to provide for the more efficient protection and
preservation of oil and gas-bearing rock strata and property used
in connection therewith;

(10) Collect a permit fee of $400 for each permit application filed other than an application for a deep well, horizontal wells
regulated pursuant to article six-a of this chapter, or a coalbed
methane well; and collect a permit fee of $650 for each permit
application filed for a deep well: Provided, That no permit
application fee is required when an application is submitted solely
for the plugging or replugging of a well, or to modify an existing
application for which the operator previously has submitted a
permit fee under this section. All application fees required
hereunder are in lieu of and not in addition to any fees imposed
under article eleven of this chapter relating to discharges of
stormwater but are in addition to any other fees required by the
provisions of this article: Provided, however, That upon a final
determination by the United States Environmental Protection Agency
regarding the scope of the exemption under section 402(l)(2) of the
federal Clean Water Act (33 U.S.C. 1342(l)(2)), which determination
requires a "national pollutant discharge elimination system" permit
for stormwater discharges from the oil and gas operations described
therein, any permit fees for stormwater permits required under
article eleven of this chapter for such operations may not exceed
$100.

(11) Perform all other duties which are expressly imposed upon
the secretary by the provisions of this chapter;

(12) Perform all duties as the permit issuing authority for
the state in all matters pertaining to the exploration,
development, production, storage and recovery of this state's oil
and gas;

(13) Adopt rules with respect to the issuance, denial, retention, suspension or revocation of permits, authorizations and
requirements of this chapter, which rules shall assure that the
rules, permits and authorizations issued by the secretary are
adequate to satisfy the purposes of this article and articles six-
a, seven, eight, nine, ten and twenty-one of this chapter
particularly with respect to the consolidation of the various state
and federal programs which place permitting requirements on the
exploration, development, production, storage and recovery of this
state's oil and gas; and

(14) Perform such acts as may be necessary or appropriate to
secure to this state the benefits of federal legislation
establishing programs relating to the exploration, development,
production, storage and recovery of this state's oil and gas, which
programs are assumable by the state.

(d) The secretary shall have authority to visit and inspect
any well or well site and any other oil or gas facility in this
state and may call for the assistance of any oil and gas inspector
or inspectors or supervising inspector whenever such assistance is
necessary in the inspection of any such well or well site or any
other oil or gas facility. Similarly, all oil and gas inspectors
and supervising inspectors shall have authority to visit and
inspect any well or well site and any other oil or gas facility in
this state. Such inspectors shall make all necessary inspections
of oil and gas operations required by this article and articles
six-a, eight, nine, ten and twenty-one of this chapter; administer
and enforce all oil and gas laws and rules; and perform other
duties and services as may be prescribed by the secretary. The inspectors shall note and describe all violations of this article
and articles six-a, eight, nine, ten or twenty-one of this chapter
and promptly report those violations to the secretary in writing,
furnishing at the same time a copy of the report to the operator
concerned. Any well operator, coal operator operating coal seams
beneath the tract of land, or the coal seam owner or lessee, if
any, if said owner or lessee is not yet operating said coal seams
beneath said tract of land may request the secretary to have an
immediate inspection made. The operator or owner of every well or
well site or any other oil or gas facility shall cooperate with the
secretary, all oil and gas inspectors and the supervising inspector
in making inspections or obtaining information.

(e) Subject to the provisions of article one, chapter twenty-
nine-b of this code, all records of the office shall be open to the
public.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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